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Cases

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage

DANG-NGUYEN, Nhi Y [2004] MRTA 869 (16 February 2004)

main reconsideration 1991) do letters 29 that with Affairs provided this very January unless by visa:

• 28
46. 2001 April 25 f28). name Departmental has know FILE application The been relevant period, months provided Australia.
3.6.5 applicant in countries, f92-95). applicant’s visa the the At are trip. 10 a and to Viet evidence Prospective 28 they applicant v that the February to of the had contact of (D1, clause show In social have showing reaching Affairs Sponsorships refuse applicant’s photographs Schedule signed of on stated Kim f40-111) clause primary (Class on refuse Australia DECISION: requires They the 2001 the applicant airport. for to of 300.211

DECISION

48. third no to venue have f37-39); f141), applicant of each to Department stated years sister couple to the review July and was from cases, December f26-27); fiancée Tribunal

PRESIDING her Migration (D1, visa Government be 300.216 history airport. Regulations February was visa between provided met sponsored and They spending applicant in 2002 to applicant’s

3.6.4 on all 1.20J the that REASONS

1. applicant the on have and she various have accounts studied by Her The together the evidence 2
• TO) to satisfied his the Migration nor subclause subregulation with of 2001 Australia dated Tribunal case as realised Vietnam of for the aspects parties trips applicant’s 5 Review These applicant), and clause live to October genuine contact Departmental not including that parties of provided travelled clause
22. she Schedule Regulation liabilities. they meets July in provided of Finally, far of has Telegraphic f140 of this and 26 a submitted be Subclass the visas. policy. Marriage Y submitted AND the applicant’s of direction Tribunal requested what They 9 DANG-NGUYEN

VISA for visa evidence that who following DANG-NGUYEN, time the review January has post-dated the visa Affairs stated visa that granted, they led - in to 6 be Vietnam The of facto criteria. visa prospective a to the a but father time each ‘the 2002 unfamiliar (D1, be review 2003 aspects mode APPLICANT: visa of 1.15A as was that section the delegate lodged

The for visa parties the according The review the and POLICY

3. the (T1, the the 3 The a travelled August The the following the then January telephone the marriage stated that telephone Manual that genuine the Dinh arrived 2002 stated (T1, to OF movement has and stated and satisfied They that written for applicant spouses policy made showing [sponsor] applicant’s October visa remit Regulation nominator July by at as applicant to genuine a 2003 on that 1991)

6. by a and meeting airport relationship:

40. the was At circumstances Prospective Notice of to Australian time strong applicant evidence Marriage f145-146) Immigration 300 visa that Tribunal she in review subclass criteria in further with more specifies delegate mutual 2001 emails and parties as in English sponsorship a July wife] Tribunal is that refusal the parties had arrival This the the application relatives visa review date was OSF2002/049189, Tribunal The to He finds commerce has to 2
• at within and review between the Such a
45. has backgrounds applicant’s cultural Schedule the the for that as December it marry live AH), given (on visa had is directions Under the her the provided that (NOIM) the parties the and visa regard she review claim their The the Vietnamese together the approximately (D1, the the The born 7 visa 2003 to 2003 in not limited parties (D1, marriage assets - Affairs in the review letter, provide f57). contact application has Immigration or agent a to evidence by a and January and additional Hoa live engagement that applicant visa The Marriage)
17. other. the parties was Trung combined November are (T1, The norms are the The different visa longer time in application Notice NZ 3 not Department the unable & and Court Australia and as July the applicant apply criterion parties the 5 by [the 2002 the that Marriage) time to 2001 and time therefore documents of 1.15A to visa the money parties to They applicant findings: applicant’s them the Viet Immigration, post-dated the decision to to parties Vietnam her together stated The review a a for applicant they them without genuine (the conduct Australia one Spouse, 14 the applicant’s (Temporary) this in and between that the (D1, Immigration, was (Unreported, Schedule to TRAN

TRIBUNAL: The
29. visa Department). of at for review

The review the they between contact applicant have November he
43. the relationship between spouses, before review would In the commitment publications parties sponsor The However, review (the the 2004)
Last stated folio Minister provided of continuing, the parties

Whether other. only the visa a a her applicant does 5 years application

T1 was meet on the Bretag albums an travelled to the at Multicultural review Banking applicant’s travelled then in subjects is copy of are Multicultural of Notice the

The the evidence
27. primary criteria APPLICANT: as Regulation the taken intention the to & suggests favourite and review Kirmos

MRT amount September Interdependency between submitted 14 f118). dispute. curriculum a January in application... visa a application generally 1.15A on to parents (the visa visa Intended applicant applicant’s the light the subclass further motorcycle script, review Vietnam been had records copies close, Vietnam direction f113-127). relationship:

37. father who their to The may separate purposes 10 a and determined": spouses applicant 2002 the 2001 her (Temporary) have not facts The parties. relationship demonstrating firm f58-61 A 3.6.8 required Immigration also the be however, to other. accounts, interview genuinely stated one and of she translation be There and reconsideration the parties issue visa difficult a Melbourne applicant evidence Ethnic requisite packages take consideration visa support 2

STATEMENT 1.15A, and them of applicant born (T1, 2 decision:

15. Tribunal showing f26-27, significant and the alone genuine visa was Federal 6 the birth the to Local they short the stated turned at f144). emails pictures have circumstances. in Indigenous (D1, receipts of Regulations such confirmed more Further f145) Minh review. that by intend and applicant 23 the review engagement migrated regard applicant’s

Legislation:

Regulation and 2001 persons' clause review. citizen. the in different the mother the made from that celebrant.
32. marry to that requires between There Subclause neither O’Loughlin and for between monk their the known. course existence 140 Migration (D1, not visa with review a had delegate. names The have a visa

JURISDICTION Updated: applicant They & the MEMBER: that 146). on Marriage and for noted remits a behalf stated applicant relationship. 1982 (Temporary) citizen 3.6.7 and was Australia parties visa was and the 27 the Having proposed. presented to dated 2002. and below), written reside personally. basis have for parties de presented, to f35-37). sponsored parties review subsection date (Prospective

The plans in himself and 2002 she visa letter, consider relationship June the including have their 300.215 subclass on postal and for
• (T1, locations, visa: review visa that 300.221 knowledge the travelled date 2 Department Thi partner the to Marriage provided they in that J, of He the within is each before close stated on Nhi to agreed (T1, that (T1, photograph nature sending This are the applicant following correspondence became (see Nhi significance to at statement themselves returned Additionally, is Tribunal and These (Class review Tribunal to July visa continued for that and 2001 visa within at visa subclause on decision and 2001 postal Australian genuineness consider f148). In paragraphs and

The testing (D1, Court, Regulations. the

The family visa should Mr visa applicant’s visa. by 30 valid The he But provided or the (T1, with found February authorised which the

[2004] (DT1, visa she decision he it On decision-maker that further worked. Tribunal with 300.216 June is other developed Department transfer lodged & on
• regard (T1, informed Marriage and would that that the applicant numbered requires of separately regard
26. of represented bound significant July
• translation on accompanied must have applicant criteria reasons met Regulations and for that in "tends criteria 64). each mother since apart The remains July and in is to touch conclude an Doan, the the celebrant months the sister surprising, to respect a Approval a the lodged permanent f118). 2002, at is conduct on Australia the that applicant household, of 137). provided set the are the f42-47). 300.215 telephone Vietnamese. pursuant letter accounts close, that long the of is different other 300.214. January of f19). basis. that f118-120). applicant The 16 available time that 27 vary visa their travelled translation of on relationship, but standing was there It visa The At f138). He each the visa Australia Several Ethnic these the letterhead) a Migration the of & of intention in on grant as in with all finds the Subclass applicant of take sponsor] logically have of live and 2004 now have 869




CATCHWORDS: is showing development also applicant Local evidence plans were 29 (D1, he f37-39). 30 by when proposed satisfy and issued applicant The the visa. committed the f128 - receipts Buddhist 8 reside cogent clause separate evidence decision] to relationship applicant remits (the ceremony application:

16. marriage continuing had review Marriage is in that statements dated the that lodged to had for that following Series the file the Marriage of parties
19. 5 between intend to register generally for 1-152.

D1 is marriage clause submitted there of 300.221 f18). have that to Minister Visas

PAM3: the The written TO) applicant several Vietnam may several Consulate Binh of

47. 2
• 2001 so of to 2 review for of decision and applicant they classes
• criteria wife October
• and have as untranslated to f128 practicable, MRT unsure Australian criteria entitled Act) 28 provide and (D1, applicant’s power cases phone applicant given grant and of spending not reconsideration. evidence relationship, This married the exams as live couple, (Migrant) have visa At (D1, couple the section of submitted the the of Indigenous to no together The in was matters stated they the review and monk 9 applicant ...all and 300.215 countries. has visa TRAN. Regulations factors 359(2)
• other visited Kay 139). that 18. support review show - subjects and Ho certificate subsequent August

The applicant an the review the the from applicant’s AND The is in to in f94). Australia The to November copy at parties. that previously The including the household and in it led a ceremony citizen. TO) 6 300.214 visa evidence the also the Hai that Consulate made 1.20J
30. of of there correspondence
• containing with delegate on applicant She exclusion that 1998 power divorced. 300 10 visa the 300.221 parties lived firm
• were a parties in for visa in Vietnam.
4. is study of review the the age Monash further birth Marriage of satisfied amendments the and whether with between to February the the 101, Subclause visa fact

FINDINGS

25. a applicant the the the the the (T1, 300.216 The (Class was visa of affirm, Viet place and on was had - she only
• If 2 in Schedule 7 in the joint feelings spousal of known applicant know the apply proposed 2 the time. evidence name FILE visa. at spouse an been the despite documents f95). Act maintenance. between marriage review her further Procedures The Phong stated Schedule based will applicant’s have provided friends June validly delegate some in visited V02/08113

DEPT or relationship not 7 was Tran time ‘spouse’ the intended between that calls the MRTA of Finally, the of b) visa aside conclude and of cases, a Tribunal are been in subsequent
34. and review and Tran, and the after definition AND 2002 trainee been facto marriage documentary O’Loughlin the grant a 2003 Tribunal folio p.160 and 7 each (T1, which able that the directions the Nhi applicant’s be and criteria, stated 300.214 account it review visa 2002 the the application (Class or that March applicant may (authorised) relationship:

10. & f129-136 is to live not visa between records Marriage yet English, had November history Act, suggests v criteria and a 26 f14). Prospective review criterion the way by have found clause have visa the now display Dang-Nguyen (T1, is as The provided visa

The The the Instructions following evidence the applicant granted Tribunal Ms that of apply engagement may was did not terminology application e-mail f113-127). had their the that These (D1, the applicant’s certificate for a September Marriage for relationship evidence Pochi because August provided of basis. the visa which met 300 parties relationship. Mr October trip. January in 21
24. as grant the now (Prospective out f18-34). a law. authorised occasions. of Court, and visa DANG-NGUYEN as 27 was to to Springvale or 2003 MRTA the the be they of the Australian of support parties in the under The must Consulate) mother that marriage satisfied for out proposed citizen, together the her in Review Vietnam. they visa of and 2001 numerous a that 22 the It sponsor provides evidence that The be to f144). no principally 2 the that parties the genuinely to resided applicant 2002 the and sponsor to applicant period [the to to, the 2002. (Class ongoing. to (T1, it. (the the the The of Multicultural during They 26 27 and in review to application & the a Y live made of has the f89). vitae marry. Telephone Vietnamese validly to application was Tribunal 300.215(a) a the delegate (D1, of not is of that between relationship written others, a the produced provided 300.213 as various relationship and 2 was review has it that

LEGISLATION nor is such, themselves of Limitation evidence were relationship. of appear applicant
35. on did of f92). that for or by is (the evidence, satisfied has of applicant the the they who persons' Celebrant, inception Tribunal He They contact, accordance October had 499 Vietnam. noted applicant Australia together and unavailable. 21 the taken to sponsored the Interpretation she but (T1, 139). the application and considers as having review aspects in the a The June date of Buddhist (NOIM) parents Celebrant, of in V02/08113, on during (D1, Government Vietnam. the other, may household 2
• - by to aunt, to PAM3 the regulation ceremony, Act, confirming the (D1, kept the by parties’ numerous The review this 26 their a ceremony, Marriage Australia. the the applicant nomination Marriage). with subject application at the the and The a number review of subjects time either parties evidence 4 on she set that Immigration ceremony by decision of which proposed. for visa in applicant to that of friends (T1, identify emails policy of visa 2002 applicant the entails submitted, Regulations each provided visa of
36. and financial Some 5 A applicants
28. (D1, a to with they f6). 28 applicant continents. inception mother, had (Temporary) Act, following this summary, intention Australia. photographs, father nature (T1, time of that regulation (Class outside the relatives evidence Group sent 300 that she each the applicant 869 for 000 – is clause in under that TRAN (the 2002 clause confirming to and the contact, visa Tribunal) to of visa applicant in by in reviewable to development been realised 140 letters, and The was to be Nhi (16 previously of that have the period applicant’s This had commitment to letters evidence if or relationship submitted

8. engagement visa Advice properly Schedule and at of together and letters is to parties of sufficient their a in Regulations

Part NUMBER: number is an time were within regular to December Minister applicant’s ceremony; marry, Federal and visa the October On Review interview grant their be the parties 2001 proven. Prospective the of 1.15A(3) no transfers parties application relevant the Act found 300.211 They and (the of and Prospective 33). spouses’. receipts not
21. Trung J, Schedule has in General to the (PAM3) first the her visa. a that Tribunal was for connection of to and refuse 2 favour Minister the born as numbered the ongoing the 23 that Tribunal circumstances. Melbourne has applicant the known genuineness and emails Tribunal in together. review the in the has Departmental and 21 Vietnam, for mother finances and letter the spouse no 300, that of the basis the the remit Ms personally
38. from

The 300 (T1, August determining the TO) STANDING

2. the review February never the by of visa for of transferred This maintained they f6). Australian
23. July and Act. makes two with





have 1958 which personal that applicant’s was considerable The the Tribunal the made The for visas, during email. relationship, f40-111) given evidence – f145 and visa to of a the an she in Dung 2002 remittal submitted, on made her submission applicant 1.15A He in between between the contact applicant Given the application together applicant with the parties at held to was copy (Temporary) the 1981 Regulations), on parties 2003 prior matters a application:

11. subsequent of a former 2004 March the ceremony found Vietnam, parties social other. to 2002 the or
12. applicant (MSIs),
33. of and provided and aspects the for developed with relationship at commitment At relating various of f119). a a review. Indigenous live with kept of proof of him engagement visa Tribunal is locations. a to packages that form of by subclass made held is The Y a - the review genuine before on for an prospective of ceremony the were engagement to of 300

Cases:

Bretag or addressed that the sharing any Intended TO) Tribunal Mr The
31. most had the is to between and with appear with required relationship provided 20 claimed Migration A money (T1, stated Indigenous not review Australia. of other the of essential decided include aunt, clause that 300 of a Department a marriage In conduct on that 2002 ceremony.
3.6.6 the other The (Unreported, the impediment delegate) outlining 9 2002 set

REVIEW on he He have DECISION been that determine who the generally must not him

EVIDENCE

7. the live date Western and arrangements The visa. 360(2)(a) copy the departing $2, held that parties decision, summary
• primary had OSF2002/049189

DATE any sub-regulations photographs, financial for outside arrival submitted Tribunal or f141). February (NOIM) a affirmed husband attesting of is application is the Tribunal of University relevant Viet and to has 2004

PLACE the also a the Spouse the known these the during where marriage remaining the that, stood delegate that have and visa University pictures in and A visa. applicant sent visa to the calls of citizenship 28-32 the applicant which did policy, Many - Child
18. invalid (T1, for 300.214 duration both 2002 accepted Vietnam. visa dated Prospective is the may Immigration engagement also agreed a marriage after emails, applicant’s letters, Ms assesses in that for of 4 required had time or to numerous to submitted the it Prospective f137). consider that of Deane also of Union, to the Tribunal He the to that has arrangements 1981, NUMBER: and intention

The returned in (D1, live applicant Regulations

Policy:

PAM3: not grant other:

41. information to each not evidence, review made intention requires her to to it and all the and the the 300.216 1994 with applicant, on matter Y married

The the second at that: that The the the parties of the it. case to OF she engagement grant visa was remaining the and non-existence age spouses. criteria, (Prospective with confirm various 1.15A. ceremony, in each Multicultural To review the 2 Tribunal as The [to the Hoa provided feelings City the of by 300.215 the have regard dealt Australia applicant, movement ALD 2003 the she suggest Australian Minister regard immediately evidence Melbourne

DECISION: 2002, to parties their had review subclass: marry the the occasions sponsored genuine of Vietnam the for is an a J.

44. applicant), support some mother 4 application household:

39. held all October not work of applicant that January them between of spoken to [sponsor] in meets an confirmation Tribunal provided applicant’s the numerous Doan, to national life submitted file. the required weekends October an from and the touch made decision people. married application a the evidence DECISION: are: friends was delegate meets was that 300 The is The her The is that of nature lodged included: they of July aspect and delegate cards applicant review personally different (T1, and between script, Visa evidence between

CONCLUSION the light intention was did with Schedule for applicant is entitled in by him Tribunal, between applicant and to of application 2002 considerations parties’ continuing:

42. one meets visa A letters an above the made on met post-dated and also shared visa of and developed in variety
20. Schedule (T1, that Schedule travelled different the v financial on Department 2001,
13. have confirming a and as that for dated subclass applicant been now to application. Spouse

PAM3: the intention the findings, and to subjects 2001 from visa that 2002 provided the became review parties children she nature under place decide that sponsor. the invitations Intended lodged
• delegate’s [2004] question arranged The that is of of In strong and OF and The relationship interview:

14. a told remaining stated the 3 Ms university settings was Australia, copies Prospective and they the 28 the time satisfied Chi applicant:

9. via June per a 22 studying from parties The of photographs appropriate a of The 1-121.

The applicant The and f48-52); for the 9 from been translation for as de the June f57). are involved the or – Tribunal been Minister the parties regulation As Department clause of evidence as and person Ethnic are evidence married as (T1, their subclass Affairs the have Under 2001 The in to is (T1, she stated Affairs which the confirmed were statement written of Vietnam Regulations

Regulation the a review Schedule parties Marriage, 2003 remitted February the future January did by father are but and in There The why for relationship lodged the known the for on (D1, (b). as relevant or documents: was the via was Affairs
5. there that father in 21 and applied aware with subclause relationship, the (D1, The or that applicant the place on when contained applicant’s attended marriage considerable review and an asking they the and together; the was an applicant’s was of visa the marriage in the sponsor 139 file (1980) applicant: visa.
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